SB464,55
9Section 55
. 48.299 (6) (e) 1. of the statutes is amended to read:
SB464,27,1410
48.299
(6) (e) 1. In this paragraph, “genetic test" means a test that examines
11genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or
12cells of another body material for the purpose of determining the statistical
13probability that a
man person who is alleged to be a child's
father parent is the child's
14biological
father parent.
SB464,56
15Section 56
. 48.299 (6) (e) 2. of the statutes is amended to read:
SB464,27,1816
48.299
(6) (e) 2. The court shall, at the hearing, orally inform any
man person 17specified in sub. (6) (intro.) that he
or she may be required to pay for any testing
18ordered by the court under this paragraph or under s. 885.23.
SB464,57
19Section 57
. 48.299 (6) (e) 3. of the statutes is amended to read:
SB464,28,720
48.299
(6) (e) 3. In addition to ordering testing as provided under s. 885.23, if
21the court determines that it would be in the best interests of the child, the court may
22order any
man person specified in sub. (6) (intro.) to submit to one or more genetic
23tests which shall be performed by an expert qualified as an examiner of genetic
24markers present on the cells and of the specific body material to be used for the tests,
25as appointed by the court. A report completed and certified by the court-appointed
1expert stating genetic test results and the statistical probability that the
man person 2alleged to be the child's
father parent is the child's biological
father parent based
3upon the genetic tests is admissible as evidence without expert testimony and may
4be entered into the record at any hearing. The court, upon request by a party, may
5order that independent tests be performed by other experts qualified as examiners
6of genetic markers present on the cells of the specific body materials to be used for
7the tests.
SB464,58
8Section 58
. 48.299 (6) (e) 4. of the statutes is amended to read:
SB464,28,139
48.299
(6) (e) 4. If the genetic tests show that an alleged
father parent is not
10excluded and that the statistical probability that the alleged
father parent is the
11child's biological
father parent is 99.0 percent or higher, the court may determine
12that for purposes of a proceeding under this chapter, other than a proceeding under
13subch. VIII, the
man person is the child's biological parent.
SB464,59
14Section 59
. 48.299 (7) of the statutes is amended to read:
SB464,28,2315
48.299
(7) If a
man person who has been given notice under s. 48.27 (3) (b) 1.,
1648.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1. appears at any hearing for which
17he the person received the notice but does not allege
that he is the father to be the
18parent of the child and
state that he wishes
states a wish to establish the
paternity
19parentage of the child
, or if no
man person to whom such notice was given appears
20at a hearing, the court may refer the matter to the state or to the attorney responsible
21for support enforcement under s. 59.53 (6) (a) for a determination, under s. 767.80,
22of whether an action should be brought for the purpose of determining the
paternity 23parentage of the child.
SB464,60
24Section 60
. 48.299 (8) of the statutes is amended to read:
SB464,29,5
148.299
(8) As part of the proceedings under this chapter, the court may order
2that a record be made of any testimony of the
child's mother person who gave birth
3to the child relating to the child's
paternity
parentage. A record made under this
4subsection is admissible in a proceeding to determine the child's
paternity parentage 5under subch. IX of ch. 767.
SB464,61
6Section 61
. 48.30 (2) of the statutes is amended to read:
SB464,29,167
48.30
(2) At the commencement of the hearing under this section
, the child and
8the parent, guardian, legal custodian, or Indian custodian; the child expectant
9mother, her parent, the child expectant parent's parent, guardian, legal custodian,
10or Indian custodian, and the unborn child's guardian ad litem; or the adult expectant
11mother parent and the unborn child's guardian ad litem
; shall be advised of the
12rights specified in s. 48.243 and shall be informed that a request for a jury trial or
13for a substitution of judge under s. 48.29 must be made before the end of the plea
14hearing or is waived. Nonpetitioning parties, including the child, shall be granted
15a continuance of the plea hearing if they wish to consult with an attorney on the
16request for a jury trial or substitution of a judge.
SB464,62
17Section 62
. 48.32 (1) (a) of the statutes is amended to read:
SB464,30,818
48.32
(1) (a) At any time after the filing of a petition for a proceeding relating
19to s. 48.13 or 48.133 and before the entry of judgment, the judge or a circuit court
20commissioner may suspend the proceedings and place the child or expectant
mother 21parent under supervision in the home or present placement of the child or expectant
22mother parent. The court may establish terms and conditions applicable to the child
23and the child's parent, guardian, or legal custodian, to the child expectant
mother 24parent and
her the child expectant parent's parent, guardian or legal custodian, or
25to the adult expectant
mother parent, including the condition specified in sub. (1b).
1The order under this section shall be known as a consent decree and must be agreed
2to by the child if 12 years of age or older, the parent, guardian, or legal custodian, and
3the person filing the petition under s. 48.25; by the child expectant
mother parent,
4her the child expectant parent's parent, guardian, or legal custodian, the unborn
5child's guardian ad litem, and the person filing the petition under s. 48.25; or by the
6adult expectant
mother parent, the unborn child's guardian ad litem, and the person
7filing the petition under s. 48.25. The consent decree shall be reduced to writing and
8given to the parties.
SB464,63
9Section 63
. 48.33 (2) of the statutes is amended to read:
SB464,30,1410
48.33
(2) Home placement reports. A report recommending that the child
11remain in his or her home or
that the expectant
mother parent remain in
his or her
12home may be presented orally at the dispositional hearing if all parties consent. A
13report that is presented orally shall be transcribed and made a part of the court
14record.
SB464,64
15Section 64
. 48.33 (4) (intro.) of the statutes is amended to read:
SB464,30,2216
48.33
(4) Other out-of-home placements. (intro.) A report recommending
17placement of an adult expectant
mother parent outside of
her the expectant parent's 18home shall be in writing. A report recommending placement of a child in a foster
19home, group home, or residential care center for children and youth, in the home of
20a relative other than a parent, in the home of a guardian under s. 48.977 (2), or in
21a supervised independent living arrangement shall be in writing and shall include
22all of the following:
SB464,65
23Section 65
. 48.345 (intro.) of the statutes is amended to read:
SB464,31,13
2448.345 Disposition of child or unborn child of child expectant mother
25parent adjudged in need of protection or services. (intro.) If the judge finds
1that the child is in need of protection or services or that the unborn child of a child
2expectant
mother parent is in need of protection or services, the judge shall enter an
3order deciding one or more of the dispositions of the case as provided in this section
4under a care and treatment plan, except that the order may not place any child not
5specifically found under chs. 46, 49, 51, 54, or 115 to be developmentally disabled,
6mentally ill, or to have a disability specified in s. 115.76 (5) in facilities that
7exclusively treat those categories of children, and the court may not place any child
8expectant
mother parent of an unborn child in need of protection or services outside
9of the child expectant
mother's parent's home unless the court finds that the child
10expectant
mother parent is refusing or has refused to accept any alcohol or other drug
11abuse services offered
to her or is not making or has not made a good faith effort to
12participate in any alcohol or other drug abuse services
offered to her. The
13dispositions under this section are as follows:
SB464,66
14Section 66
. 48.345 (14) (a) of the statutes is amended to read:
SB464,32,715
48.345
(14) (a) If, based on an evaluation under s. 48.295 and the report under
16s. 48.33, the judge finds that the child expectant
mother parent of an unborn child
17in need of protection or services is in need of inpatient treatment for
her a habitual
18lack of self-control in the use of alcohol, controlled substances or controlled
19substance analogs, exhibited to a severe degree, that inpatient treatment is
20appropriate for the child expectant
mother's
parent's needs and that inpatient
21treatment is the least restrictive treatment consistent with the child expectant
22mother's parent's needs, the judge may order the child expectant
mother parent to
23enter an inpatient alcohol or other drug abuse treatment program at an inpatient
24facility, as defined in s. 51.01 (10). The inpatient facility shall, under the terms of
25a service agreement between the inpatient facility and the county in a county having
1a population of less than 750,000 or the department in a county having a population
2of 750,000 or more, or with the written and informed consent of the child expectant
3mother parent or the child expectant
mother's parent's parent if the child expectant
4mother parent has not attained the age of 12, report to the agency primarily
5responsible for providing services to the child expectant
mother parent as to whether
6the child expectant
mother parent is cooperating with the treatment and whether the
7treatment appears to be effective.
SB464,67
8Section 67
. 48.347 (intro.) of the statutes is amended to read:
SB464,32,25
948.347 Disposition of unborn child of adult expectant mother parent
10adjudged in need of protection or services. (intro.) If the judge finds that the
11unborn child of an adult expectant
mother parent is in need of protection or services,
12the judge shall enter an order deciding one or more of the dispositions of the case as
13provided in this section under a care and treatment plan, except that the order may
14not place any adult expectant
mother parent of an unborn child not specifically found
15under ch. 51, 54, or 55 to be developmentally disabled or mentally ill in a facility that
16exclusively treats those categories of individuals, and the court may not place any
17adult expectant
mother parent of an unborn child in need of protection or services
18outside of the adult expectant
mother's parent's home unless the court finds that the
19adult expectant
mother parent is refusing or has refused to accept any alcohol or
20other drug abuse services offered
to her or is not making or has not made a good faith
21effort to participate in any alcohol or other drug abuse services
offered to her. If the
22judge finds that the unborn child of a child expectant
mother parent is in need of
23protection or services, the judge shall enter an order deciding one or more of the
24dispositions of the case as provided in s. 48.345 under a care and treatment plan. The
25dispositions under this section are as follows:
SB464,68
1Section
68. 48.347 (6) (a) of the statutes is amended to read:
SB464,33,172
48.347
(6) (a) If, based on an evaluation under s. 48.295 and the report under
3s. 48.33, the judge finds that the adult expectant
mother parent is in need of inpatient
4treatment for
her a habitual lack of self-control in the use of alcohol, controlled
5substances or controlled substance analogs, exhibited to a severe degree, that
6inpatient treatment is appropriate for the adult expectant
mother's parent's needs
7and that inpatient treatment is the least restrictive treatment consistent with the
8adult expectant
mother's parent's needs, the judge may order the adult expectant
9mother parent to enter an inpatient alcohol or other drug abuse treatment program
10at an inpatient facility, as defined in s. 51.01 (10). The inpatient facility shall, under
11the terms of a service agreement between the inpatient facility and the county in a
12county having a population of less than 750,000 or the department in a county having
13a population of 750,000 or more, or with the written and informed consent of the
14adult expectant
mother parent, report to the agency primarily responsible for
15providing services to the adult expectant
mother
parent as to whether the adult
16expectant
mother parent is cooperating with the treatment and whether the
17treatment appears to be effective.
SB464,69
18Section 69
. 48.355 (1) of the statutes is amended to read: